... how criminal liability can be established without both mens rea and actus reus through omission and how omission qualifies as a criminal offence illustrated with relevant case material. I will then draw my conclusions evaluating my previous points and summarising to what extent I agree that there must be a coincidence of actus reus and mens rea in order to establish criminal liability. In order for criminal liability to be established and therefore for the accused to be found guilty of the crime, two principles must be proved. The prosecution must firstly prove that the elements constituting the crime were brought about by the defendants conduct and secondly that those elements occurred with a particular state of mind. These elements are known as the actus reus and mens rea of the crime. The mens rea traditionally referring to the state of mind, the actus reus comprising of all the other elements of the ...

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